Archive: Last Bill Status
Via A9422 - Signed by Governor

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S6826 - Details

S6826 - Summary

Requires the department of environmental conservation, in cooperation with the department of agriculture and markets, to take action with respect to nonnative animal and plant species.

S6826 - Sponsor Memo

BILL NUMBER:S6826
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
nonnative animal and plant species
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to strengthen controls regarding the
prevention, spread and control of invasive species.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
Require the Department of Environmental Conservation (DEC), in
cooperation with the Department of Agriculture and Markets (DAM) to:
o regulate the sale, purchase, possession, introduction, importation
and transport of invasive species; and,
o in consultation with the Invasive Species Council, promulgate
regulations to develop:
- permits for prohibited species disposal, control, research and
education;
- a system for regulating the sale, purchase, possession,

introduction, importation and transport of invasive species, such
system regulations would contain:
- a list of prohibited species unlawful to possess with the intent to
sell, import, purchase, transport or introduce, import, sell,
purchase, propagate, transport, or introduce except under a permit for
disposal, control, research, or education; and
- a list of regulated species that would be legal to possess, sell,
buy, propogate and transport but may not be knowingly introduced into
a free-living state;
- if deemed necessary, grace periods for prohibited and regulated
species so businesses can plan the management of existing stock
o establish penalties for violations of invasive species regulations
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends §9-1709 (1), (2) and adds a new §71-0703 to the Environmental
Conservation Law.
JUSTIFICATION:
Invasive species threaten New York's environment by out-competing
native species, diminishing biological diversity, and Changing whole
ecosystems including those within public parks and waterways. At an
Assembly public hearing to solicit public input on the best methods
for preventing the introduction of invasive species and combating the
invasive species already present held in September 2011, the myriad of
problems associated with invasive species received extensive
discussion. In order to help mitigate the devastating environmental
and economic impacts of invasive species, this legislation would
provide DEC with explicit authority to regulate the sale, purchase,
possession, introduction, importation and transport of invasive
species and establish penalties for those who violate such
regulations.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

S T A T E O F N E W Y O R K
________________________________________________________________________
6826
I N S E N A T E
March 27, 2012
___________
Introduced by Sens. LITTLE, GRISANTI -- read twice and ordered printed,
and when printed to be committed to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to
nonnative animal and plant species
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9-1709 of the environmental conservation law, as
added by chapter 674 of the laws of 2007 and subdivisions 1 and 2 as
amended by chapter 26 of the laws of 2008, is amended to read as
follows:
S 9-1709. General powers and duties of the department.
1. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF AGRICULTURE
AND MARKETS, SHALL REGULATE THE SALE, PURCHASE, POSSESSION, INTRODUC-
TION, IMPORTATION AND TRANSPORT OF INVASIVE SPECIES PURSUANT TO THIS
SECTION. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF AGRICUL-
TURE AND MARKETS AND IN CONSULTATION WITH THE COUNCIL, SHALL, AFTER
PUBLIC HEARING, PROMULGATE REGULATIONS TO DEVELOP:
(A) A PERMIT FOR PROHIBITED SPECIES DISPOSAL, CONTROL, RESEARCH AND
EDUCATION; AND
(B) A SYSTEM FOR REGULATING THE SALE, PURCHASE, POSSESSION, INTRODUC-
TION, IMPORTATION AND TRANSPORT OF INVASIVE SPECIES. SUCH SYSTEM REGU-
LATIONS SHALL CONTAIN: (I) A LIST OF PROHIBITED SPECIES, WHICH SHALL BE
UNLAWFUL TO POSSESS WITH THE INTENT TO SELL, IMPORT, PURCHASE, TRANSPORT
OR INTRODUCE OR TO IMPORT, SELL, PURCHASE, PROPAGATE, TRANSPORT, OR
INTRODUCE EXCEPT UNDER A PERMIT FOR DISPOSAL, CONTROL, RESEARCH, OR
EDUCATION; AND (II) A LIST OF REGULATED SPECIES WHICH SHALL BE LEGAL TO
POSSESS, SELL, BUY, PROPAGATE AND TRANSPORT BUT MAY NOT BE KNOWINGLY
INTRODUCED INTO A FREE-LIVING STATE OR INTRODUCED BY A MEANS THAT ONE
KNEW OR SHOULD HAVE KNOWN WOULD LEAD TO THE INTRODUCTION INTO A
FREE-LIVING STATE.
AS PART OF THE REGULATORY PROCESS, THE DEPARTMENTS AND THE COUNCIL
SHALL CONSIDER ESTABLISHING GRACE PERIODS FOR PROHIBITED AND REGULATED
SPECIES SO BUSINESSES CAN PLAN THE MANAGEMENT OF EXISTING STOCK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD14857-02-2
S. 6826 2
2. For the purpose of carrying out the provisions of this title, the
department in cooperation with the department of agriculture and markets
shall have the authority, within funds available, to:
[1.] (A) establish, operate and maintain state-wide databases and
clearinghouses for all taxa of invasive species that incorporate exist-
ing data from agencies and organizations in the state, as well as from
nearby states, provinces, Canada, and the federal government. Such data-
bases and clearinghouses may provide the aggregate data on-line in a
GIS;
[2.] (B) coordinate state agency and public authority actions to do
the following:
[(a)] (I) phasing out uses of invasive species;
[(b)] (II) expanding use of native species;
[(c)] (III) promoting private and local government use of native
species as alternatives to invasive species; and
[(d)] (IV) wherever practical and where consistent with watershed
and/or regional invasive species management plans, prohibiting and
actively eliminating invasive species at project sites funded or regu-
lated by the state; and
[3.] (C) in collaboration with the council, aid in the review and
reform of relevant regulatory processes to remove unnecessary imped-
iments to the restoration of invaded ecosystems.
S 2. Section 71-0703 of the environmental conservation law is amended
by adding a new subdivision 9 to read as follows:
9. A. ANY PERSON WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES INVASIVE
SPECIES, IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO SECTION
9-1709 OF THIS CHAPTER SHALL BE SUBJECT TO THE FOLLOWING:
FOR ANY FIRST VIOLATION IN LIEU OF A PENALTY THERE MAY BE ISSUED A
WRITTEN WARNING BY THE DEPARTMENT AND THERE MAY ALSO BE ISSUED EDUCATION
MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING REQUIREMENTS
RELATED TO INVASIVE SPECIES. SUCH PERSON SHALL, HOWEVER, FOR ANY SUBSE-
QUENT VIOLATION THEREAFTER BE SUBJECT TO A FINE OF NO LESS THAN TWO
HUNDRED FIFTY DOLLARS.
B. ANY NURSERY GROWER LICENSED PURSUANT TO ARTICLE FOURTEEN OF THE
AGRICULTURE AND MARKETS LAW, ANY PERSON WHO OWNS OR OPERATES A PUBLIC
VESSEL AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION TWO OF THE NAVIGATION LAW, OR ANY PERSON WHO OWNS OR OPERATES A
COMMERCIAL FISHING VESSEL WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES
INVASIVE SPECIES IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO
SECTION 9-1709 OF THIS CHAPTER, SHALL BE SUBJECT TO A FINE OF NOT LESS
THAN SIX HUNDRED DOLLARS UPON THE FIRST PENALTY. UPON THE SECOND PENALTY
SUCH PERSON SHALL BE SUBJECT TO A FINE OF NOT LESS THAN TWO THOUSAND
DOLLARS. UPON A SUBSEQUENT PENALTY AND AFTER A HEARING OR OPPORTUNITY TO
BE HEARD UPON DUE NOTICE THE FOLLOWING PENALTIES MAY APPLY: (I) SUCH
NURSERY GROWER MAY BE SUBJECT TO THE REVOCATION PROCEDURES OF SECTION
ONE HUNDRED SIXTY-THREE-C OF THE AGRICULTURE AND MARKETS LAW (II) SUCH
PERSON'S VESSEL REGISTRATION MAY BE SUSPENDED OR (III) SUCH PERSON'S
FISHING PERMIT MAY BE REVOKED BY THE DEPARTMENT.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the department of
environmental conservation shall promulgate regulations to implement the
provisions of this act. Such regulations shall be completed on or before
September 1, 2013.

S6826A (ACTIVE) - Details

S6826A (ACTIVE) - Summary

Requires the department of environmental conservation, in cooperation with the department of agriculture and markets, to take action with respect to nonnative animal and plant species.

S6826A (ACTIVE) - Sponsor Memo

BILL NUMBER:S6826A
TITLE OF BILL:
An act
to amend the environmental conservation law
and the agriculture and markets law,
in relation to nonnative
animal and plant species
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to strengthen controls regarding the
prevention, spread and control of invasive species.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
Require the Department of Environmental Conservation (DEC), in
cooperation with the Department of Agriculture and Markets (DAM) to:
o restrict the sale, purchase, possession, introduction, importation
and transport of invasive species; and,
o in consultation with the Invasive Species Council, promulgate joint
regulations to develop:
permits for prohibited species disposal, control, research and

education;
- a list of prohibited species, which shall be unlawful to knowingly
possess with the intent to sell, import, purchase, transport or
introduce;
- a list of prohibited species unlawful to possess with the intent to
sell, import, purchase, transport or introduce, import, sell,
purchase, propagate, transport, or introduce except under a permit
for disposal, control, research, or education; and
- a list of regulated species that would be legal to possess, sell,
buy, propagate and transport but may not be knowingly introduced into
a free living state;
- if deemed necessary, grace periods for prohibited and regulated
species so businesses can plan the management of existing stock
o establish penalties for violations of invasive species regulations
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends §9-1709 (1), (2) and adds a new §71-0703 to the Environmental
Conservation Law.
JUSTIFICATION:
Invasive species threaten New York's environment by out-competing
native species, diminishing biological diversity, and Changing whole
ecosystems including those within public parks and waterways. At an
Assembly public hearing to solicit public input on the best methods
for preventing the introduction of invasive species and combating the
invasive species already present held in September 2011, the myriad
of problems associated with invasive species received extensive
discussion. In order to help mitigate the devastating environmental
and economic impacts of invasive species, this legislation would
provide DEC with explicit authority to regulate the sale, purchase,
possession, introduction, importation and transport of invasive
species and establish penalties for those who violate such regulations.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect 180 days after enactment. Effective
immediately, the department of environmental conservation and the
department of agriculture and markets shall promulgate regulations to
implement the provisions of this act. Such regulation shall be
completed before September 1, 2013.

S T A T E O F N E W Y O R K
________________________________________________________________________
6826--A
Cal. No. 599
I N S E N A T E
March 27, 2012
___________
Introduced by Sens. LITTLE, GRISANTI, BONACIC, DUANE, O'MARA, ROBACH,
YOUNG -- read twice and ordered printed, and when printed to be
committed to the Committee on Environmental Conservation -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the environmental conservation law and the agriculture
and markets law, in relation to nonnative animal and plant species
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9-1709 of the environmental conservation law, as
added by chapter 674 of the laws of 2007 and subdivisions 1 and 2 as
amended by chapter 26 of the laws of 2008, is amended to read as
follows:
S 9-1709. General powers and duties of the department.
1. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF AGRICULTURE
AND MARKETS, SHALL RESTRICT THE SALE, PURCHASE, POSSESSION, PROPAGATION,
INTRODUCTION, IMPORTATION, TRANSPORT AND DISPOSAL OF INVASIVE SPECIES
PURSUANT TO THIS SECTION. THE DEPARTMENT AND THE DEPARTMENT OF AGRICUL-
TURE AND MARKETS IN CONSULTATION WITH THE COUNCIL, SHALL, AFTER PUBLIC
HEARING, PROMULGATE JOINT REGULATIONS TO DEVELOP:
(A) A PERMIT FOR PROHIBITED SPECIES DISPOSAL, CONTROL, RESEARCH AND
EDUCATION;
(B) A LIST OF PROHIBITED SPECIES, WHICH SHALL BE UNLAWFUL TO KNOWINGLY
POSSESS WITH THE INTENT TO SELL, IMPORT, PURCHASE, TRANSPORT OR INTRO-
DUCE;
(C) A LIST OF PROHIBITED SPECIES WHICH SHALL BE UNLAWFUL TO IMPORT,
SELL, PURCHASE, PROPAGATE, TRANSPORT, OR INTRODUCE EXCEPT UNDER A PERMIT
FOR DISPOSAL, CONTROL, RESEARCH, OR EDUCATION; AND
(D) A LIST OF REGULATED SPECIES WHICH SHALL BE LEGAL TO POSSESS, SELL,
BUY, PROPAGATE AND TRANSPORT BUT MAY NOT BE KNOWINGLY INTRODUCED INTO A
FREE-LIVING STATE OR INTRODUCED BY A MEANS THAT ONE KNEW OR SHOULD HAVE
KNOWN WOULD LEAD TO THE INTRODUCTION INTO A FREE-LIVING STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD14857-08-2
S. 6826--A 2
AS PART OF THE REGULATORY PROCESS, THE DEPARTMENTS AND THE COUNCIL
SHALL CONSIDER ESTABLISHING GRACE PERIODS FOR PROHIBITED AND REGULATED
SPECIES SO BUSINESSES CAN PLAN THE MANAGEMENT OF EXISTING STOCK.
2. For the purpose of carrying out the provisions of this title, the
department in cooperation with the department of agriculture and markets
shall have the authority, within funds available, to:
[1.] (A) establish, operate and maintain state-wide databases and
clearinghouses for all taxa of invasive species that incorporate exist-
ing data from agencies and organizations in the state, as well as from
nearby states, provinces, Canada, and the federal government. Such data-
bases and clearinghouses may provide the aggregate data on-line in a
GIS;
[2.] (B) coordinate state agency and public authority actions to do
the following:
[(a)] (I) phasing out uses of invasive species;
[(b)] (II) expanding use of native species;
[(c)] (III) promoting private and local government use of native
species as alternatives to invasive species; and
[(d)] (IV) wherever practical and where consistent with watershed
and/or regional invasive species management plans, prohibiting and
actively eliminating invasive species at project sites funded or regu-
lated by the state; and
[3.] (C) in collaboration with the council, aid in the review and
reform of relevant regulatory processes to remove unnecessary imped-
iments to the restoration of invaded ecosystems.
S 2. Section 71-0703 of the environmental conservation law is amended
by adding a new subdivision 9 to read as follows:
9. A. ANY PERSON WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES INVASIVE
SPECIES, IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO SECTION
9-1709 OF THIS CHAPTER SHALL BE SUBJECT TO THE FOLLOWING:
FOR ANY FIRST VIOLATION IN LIEU OF A PENALTY THERE MAY BE ISSUED A
WRITTEN WARNING BY THE DEPARTMENT AND THERE MAY ALSO BE ISSUED EDUCATION
MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING REQUIREMENTS
RELATED TO INVASIVE SPECIES. SUCH PERSON SHALL, HOWEVER, FOR ANY SUBSE-
QUENT VIOLATION THEREAFTER BE SUBJECT TO A FINE OF NO LESS THAN TWO
HUNDRED FIFTY DOLLARS.
B. ANY NURSERY GROWER LICENSED PURSUANT TO ARTICLE FOURTEEN OF THE
AGRICULTURE AND MARKETS LAW, ANY PERSON WHO OWNS OR OPERATES A PUBLIC
VESSEL AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION TWO OF THE NAVIGATION LAW, OR ANY PERSON WHO OWNS OR OPERATES A
COMMERCIAL FISHING VESSEL WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES
INVASIVE SPECIES IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO
SECTION 9-1709 OF THIS CHAPTER, SHALL BE SUBJECT TO A FINE OF NOT LESS
THAN SIX HUNDRED DOLLARS UPON THE FIRST PENALTY. UPON THE SECOND PENALTY
SUCH PERSON SHALL BE SUBJECT TO A FINE OF NOT LESS THAN TWO THOUSAND
DOLLARS. UPON A SUBSEQUENT PENALTY AND AFTER A HEARING OR OPPORTUNITY TO
BE HEARD UPON DUE NOTICE THE FOLLOWING PENALTIES MAY APPLY: (I) SUCH
NURSERY GROWER MAY BE SUBJECT TO THE REVOCATION PROCEDURES OF SECTION
ONE HUNDRED SIXTY-THREE-C OF THE AGRICULTURE AND MARKETS LAW (II) SUCH
PERSON'S VESSEL REGISTRATION MAY BE SUSPENDED OR (III) SUCH PERSON'S
FISHING PERMIT MAY BE REVOKED BY THE DEPARTMENT.
S 3. Section 167 of the agriculture and markets law is amended by
adding a new subdivision 3-a to read as follows:
3-A. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION SHALL RESTRICT THE SALE, PURCHASE, POSSESSION, PROP-
AGATION, INTRODUCTION, IMPORTATION, TRANSPORT AND DISPOSAL OF INVASIVE
S. 6826--A 3
SPECIES PURSUANT TO SECTION 9-1709 OF THE ENVIRONMENTAL CONSERVATION
LAW.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the department of
environmental conservation and the department of agriculture and markets
shall promulgate regulations to implement the provisions of this act.
Such regulations shall be completed on or before September 1, 2013.

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